the initial filing in the case was filed at 2:50 am on January 20, 2009, after Congress had confirmed the electoral college vote of Obama but just before he became bound to the Constitution through his oath of office.
It is also the most significant difference between the Kerchner case and all other cases filed on this subject.
First, the filing date and time occurred after the process had completed its course but before he took the oath of office and became bound to the Constitution. This process includes the election, the vote of the electoral college, and Congress’ action on January 8, 2009.
The significant point here is that Obama as a private citizen, and as the President-elect, still had an affirmative obligation to prove himself constitutionally eligible for the office.
from link thread
Obama’s Straw Man Defense - Kerchner v. Obama, Article II, eligibility
In one of the active eligibility cases, Kerchner v. Obama—
the initial filing in the case was filed at 2:50 am on January 20, 2009, after Congress had confirmed the electoral college vote of Obama but just before he became bound to the Constitution through his oath of office.
It is also the most significant difference between the Kerchner case and all other cases filed on this subject.
First, the filing date and time occurred after the process had completed its course but before he took the oath of office and became bound to the Constitution. This process includes the election, the vote of the electoral college, and Congress’ action on January 8, 2009.
The significant point here is that Obama as a private citizen, and as the President-elect, still had an affirmative obligation to prove himself constitutionally eligible for the office.
from link thread
Obama’s Straw Man Defense - Kerchner v. Obama, Article II, eligibility